Ocean County Extreme Risk Protection Order Dismissed Tormey Law Firm NJ

Ocean County NJ TERPO Hearing Won by the Tormey Law Firm

2nd Amendment Lawyers – Red Flag Laws

What you say has consequences, especially if you lawfully own firearms in the State of New Jersey. This was found out by one of our clients, who became subject to a Temporary Extreme Risk Protective Order (TERPO) because of allegedly expressing thoughts of self-harm. Their firearms were taken from them, and it took several months of going back and forth with Superior Court and Prosecutor’s Office, including a bench trial before a judge, before the client’s weapons were Ordered to be Returned to them.

A Temporary Extreme Risk Protective Order (also known as a “TERPO”), a civil court order in New Jersey that immediately prohibits an individual deemed a danger to themselves or others from possessing, purchasing, or carrying firearms, weapons, and ammunition. This red flag law is designed to temporarily remove weapons based on evidence of potential violence, mental health crises, or threats to protect the individual and the public from potential harm.

In this case, by way of background, our client was middle-aged, gainfully employed working for the US Government, highly educated, a resident of South Jersey, did not have any criminal history to speak of, no substance abuse history, no domestic violence history, and was a law-abiding gun owner for over a decade. The firearm taken from our client was lawfully obtained, was lawful to possess, and was not in any way used for any unlawful purpose.

On or about September 2025, while on route to a medical appointment, the client was experiencing a series of stressors, including work-related, finance related, and family related issues (relocating a special needs adult sibling), which resulted in a momentary medical episode which the client disclosed they had thoughts of self-harm. Despite no arrests, and seeking treatment after the incident, the Prosecutor’s Office nevertheless wanted to extinguish the client’s second amendment rights by trying to convince a judge that our client presented an immediate risk that they would harm themselves or others by having access to firearms.

Ocean County Superior Court – Criminal Division

All TERPO hearings in Ocean County will be handled by an Ocean County Superior Court Judge in the Criminal Division. Here is the court information:

Ocean County Superior Court

Criminal Division

120 Hooper Ave, 2nd Floor

Toms River, NJ

732-504-0700 ext. 64320

Ocean County Extreme Risk Protection Order Hearing Before Judge

At the trial, the State’s only witness (local law enforcement officer) testified about the encounter, reported their concern about the momentary statement, and continued to insist that a Final Extreme Risk Protective Order (FERPO) was necessary. The witness further testified that the TERPO was pursued against our client in secret (ex parte), the witness did not having any follow-up with our client to find out their current mental health status, conceding that our client did not have any criminal history, no domestic violence history, and never described any plans or take any actions to carry out any ideations of harm. In short, the State was attempting to justify subjecting our client to a FERPO based on a singular occurrence that took place several months prior to the court date despite having shown proof of receiving treatment to address underlying issues and making progress in dealing with said stressors.

After the trial, the court ultimately found that notwithstanding the singular occurrence of expressing an ideation of self-harm, that the isolated incident did NOT reflect on the client’s present condition as it related to whether they were at present a significant risk of committing bodily injury to themselves or others by having access to firearms.

The Judge dismissed the Temporary Extreme Risk Protective Order (TERPO) and ordered our client’s weapons returned to her. This was a tremendous result for our client and the Tormey Law Firm.